◈ Homepage — http://anngottesmanlaw.com/740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 HOME ABOUT ANN CRIMINAL DEFENSE DUI DEFENSE CASE RESULTS FAQ TESTIMONIALS BLOG CONTACT CALL NOW FORMER DEPUTY PUBLIC DEFENDER CRIMINAL DEFENSE AND DUI ATTORNEY Experienced, Compassionate, and Aggressive Ann Anat Gottesman Reviews out of 51 reviews 10.0 Ann Anat Gottesman AFFORDABLE My fees are reasonable, and if needed, a payment plan is usually available. I accept all forms of payment including credit, debit, and personal checks. HIGHLY TRUSTED I am well respected by the judges and prosecutors in the Pasadena and Los Angeles Superior courts. 5-star client reviews on Yelp, Google, and Avvo. PERSONAL ATTENTION Unlike large firms, I will personally handle your case. I provide compassionate and experienced DUI and Criminal Defense. See Client Testimonials on Yelp/Google/AVVO. Law Office Of Ann Gottesman Passionate Criminal and DUI Defense If you or a loved one has been arrested or charged with a crime in the City of Pasadena, or in the surrounding Los Angeles County, speaking to an experienced and compassionate criminal defense lawyer is the first step in getting the help you need. Until it has happened to you or a loved one, no one can really understand how it feels to be arrested for a crime. It is a traumatic experience that can have dire consequences on your job, career, professional license and even your freedom. Criminal and DUI defense attorney Ann Gottesman is dedicated to protecting her clients’ constitutional rights, reputation and freedom. Ann will really listen to you, treat you with compassion and provide you with a free consultation so you can make the right decision about what to do next, and not act solely out of fear and desperation. “At the Law Office of Ann Gottesman, my main goal is to make my clients know that each one is actually cared about, that their case matters to me, and that I will do everything in my power to achieve the best possible results. Unlike many lawyers from large firms, I personally handle each case and make myself available to my clients 7 days a week and after business hours.” Whether you are facing DUI charges or criminal offenses such as Drug Possession or Sales, Assault, Petty Theft, Shoplifting, Fraud, Domestic Violence or some other criminal violation of the law, don’t just wait until your court date to start preparing. Hiring a good criminal defense lawyer NOW will lessen the chance of surprises on your arraignment! Ann Gottesman Wants to Protect Your Constitutional Rights "As a former Deputy Public Defender, I am passionate about standing up for the rights of the criminally accused. Don't get railroaded by the system! The police and the District Attorney have only one goal--to see you convicted! I know the District Attorneys and Judges in the Pasadena and Los Angeles Courts and my professional rapport with these people allows me to achieve the kind of results for my clients that a non-local attorney usually can’t achieve." When you hire the Law Office of Ann Gottesman, you are hiring ME, Ann Gottesman, a dedicated DUI lawyer and Los Angeles criminal defense attorney to personally handle your criminal case. I won't hand your case off to an inexperienced associate, like many large firms do. If I can't personally handle your case, then I won't take your case. "My clients know that I meticulously prepare for each case and I can usually appear in court without the client having to be there. When I am retained, I immediately subpoena all discovery, including the police report, calibration logs (for a DUI), police dispatch logs, belt recordings, witness statements, lab results, etc… Also, unlike many other Los Angeles and Pasadena criminal defense attorneys, I make myself available to my clients 7 days a week and I’m always happy to receive my clients’ phone call or questions. My clients don’t walk around with any unanswered questions because I am always ready to explain, investigate and resolve any issues a client may have with regard to his or her criminal case." “Whether a client hires me to represent him or her in a petty theft shoplifting case, a misdemeanor DUI or drug case, a domestic violence case, or a serious felony case involving sentencing enhancements, I treat each case as a priority. I realize that no matter what criminal charge a client is facing, that case is the most important issue in my client’s life right now, and that client is experiencing a great deal of fear and stress as a result of being at the center of a criminal prosecution. I treat my clients the way I would want to be treated—with compassion and devotion to their case.” My Philosophy I became a criminal defense lawyer because I wanted to help good people who found themselves entangled in the justice system and needed someone to protect their constitutional rights and defend their freedom from an oftentimes over-reaching government. Unlike large firms, I personally handle each client and I am personally dedicated to every case. If I can’t promise to put 100 percent effort into a case, I won’t take the case. Large firms will never turn away a case because money is the bottom line. For me, my primary goal is to help a client, who initially feels scared and helpless, by passionately defending them in court and using my experience and legal knowledge to achieve the best possible result in their case. Driving Under the Influence "DUI" Arrest: What Should You Do First? Since DUI law is a specialized area of criminal law, it is important you contact a defense lawyer who has a lot of experience representing those accused of driving under the influence of alcohol and/or drugs. This means the attorney should have extensive knowledge and experience in representing clients at the DMV’s “APS” (Administrative Per Se) hearing. This DMV hearing will determine with the accused will face suspension of their driver’s license.  In addition, there are technical defenses that a DUI lawyer will want to investigate with respect to the criminal case in court. Attorney Ann Gottesman is an active member of the California DUI Lawyers Association, and has successfully represented many clients accused of Driving Under the Influence of alcohol and/or drugs. Protecting your driver’s license and avoiding jail time are one of the most important goals in a DUI case. In DUI cases, time is of the essence when hiring a defense lawyer because you only have TEN DAYS from the date of your arrest to request an in-person APS Hearing and an extended temporary license! DUI Attorney Ann Gottesman knows the DMV hearing officers in Los Angeles County and has worked with the same hearing officers for years. She will fight to protect your driver’s license and investigate every possible defense. If the driver never requests an APS hearing with in the ten-day window, and his or her level is above the legal limit, then the DMV will automatically suspend the license for the appropriate period after the 30 day initial temporary license expires. Your DUI lawyer will contact the DMV on your behalf and request a hearing, a temporary license and the evidence, as long as you have not missed the ten-day period.  In some cases, if there is a very good reason why you did not contact the DMV to request a hearing within the 10 day period, an attorney can request a “late hearing”, in which case the DMV office manager will decide whether to still allow you to have a hearing, despite your failure to call within the required period.  If you have a DUI and need to request a hearing, contact attorney Ann Gottesman for a free consultation.  When Should You Hire an Attorney? If you are facing misdemeanor or felony charges, hiring a good lawyer is very important. Your freedom, reputation and criminal record are in jeopardy when facing the possibility of a criminal conviction. Attorney Ann Gottesman, an experienced and caring defense lawyer, can fight to protect your rights and help achieve the best possible outcome in your case. Sometimes innocent people are arrested and accused of a crime because of mistaken or untruthful witness statements, or simply for being at the wrong place at the wrong time. For example, if a friend commits a crime such as shoplifting or burglary, and you happen to be present, you may not have even been aware of what your friend did, and yet police may assume you are an accomplice. Or, in a situation of domestic violence, the angry spouse may falsely accuse the true victim-spouse of initiating the violence or committing a battery or assault that never occurred. Even in DUI cases, officers oftentimes suspect a driver is over the legal limit even if his or her alcohol level was under the limit of .08 BAC at the time of the driving. Of course, issues concerning the accuracy of a breath or blood test and whether officers complied with the constitution when obtaining the chemical test evidence are also factors that will determine whether a driver will ultimately be convicted or exonerated for driving under the influence of alcohol or drugs. Despite what many people may think, even if you did experience a lapse in good judgement and admitted your wrongdoing to police, that does not mean you have to plead guilty! There are many reasons why an accused should not plead guilty, even when it may appear that the evidence against the accused is strong. The law requires the police to do their job properly, and that requires they not violate your constitutional rights. For example, if an officer stops your vehicle with no reasonable suspicion and then during your detention, discovers you are driving under the influence of alcohol and drugs, and are legally impaired, a Judge should rule that the initial detention was in violation of your Fourth Amendment right to be free from unreasonable searches and seizures. Similarly, a driver in a DUI case may be legally stopped and arrested, but if there was no actual consent to a blood test and no warrant was obtained by the officer, a Judge should also find that the blood was seized in violation of the driver’s constitutional rights under the 4th Amendment of the United States Constitution. When a search or seizer is found to be unconstitutional, the evidence that was obtained from that unlawful search or seizure (referred to as the “fruit of the poisonous tree”) would be suppressed. With rare exception, suppressed evidence cannot be used by the District Attorney to prosecute you, and thus, winning a motion to suppress evidence can oftentimes result in the dismissal of the case. Without a good criminal or DUI defense attorney by your side, it is easy to become lost in the bureaucratic nightmare of a criminal case. You do not, and should not, have to face the government by yourself. Call attorney Ann Gottesman for a free consultation. She is compassionate, experienced in DUI and criminal law, and personally fights for her clients. DUI Attorney Ann Gottesman knows the DMV hearing officers in Los Angeles County and has worked with the same hearing officers for years. She will fight to protect your driver’s license and investigate every possible defense. If the driver never requests an APS hearing with in the ten-day window, and his or her level is above the legal limit, then the DMV will automatically suspend the license for the appropriate period after the 30 day initial temporary license expires. Your DUI lawyer will contact the DMV on your behalf and request a hearing, a temporary license and the evidence, as long as you have not missed the ten-day period. In some cases, if there is a very good reason why you did not contact the DMV to request a hearing within the 10 day period, an attorney can request a “late hearing”, in which case the DMV office manager will decide whether to still allow you to have a hearing, despite your failure to call within the required period. If you have a DUI and need to request a hearing, contact attorney Ann Gottesman for a free consultation. Contact Ann Today for Immediate Assistance! CONTACT US What to Do If You Are Arrested or Charged With a Crime? If you are arrested, or think you may be arrested, don’t talk to the police. Politely state you are exercising your right to remain silent and you request an attorney.  You must make this statement very clear and unambiguous!  Aside from providing your ID and in the case of a DUI, completing a breath or blood test, you do NOT have to answer officers’ questions and you do not have to give consent for the cops to search your belongings and your vehicle Don’t Talk to The Police! Most police and detectives are not out to exonerate innocent people wrongly accused of a crime. Their job is to get as much evidence against you as possible, and by any legal means necessary. Such evidence includes verbal and written statements made by the accused or witnesses. Sometimes, a police officer will pretend to be your friend or a “nice guy” to get you to talk, and other times the officer may act in an intimidating and angry manner to try and scare you into making incriminating statements. The best policy is to always demand an attorney and refuse to make any statements without your attorney present. Know your constitutional rights because police officers won't usually tell you! As soon as possible after being arrested, you should contact a local and respected criminal defense attorney.  Ann is known to be a compassionate, aggressive and knowledgeable DWI and criminal lawyer who is dedicated to defending those facing DUI charges, as well as many other kinds of criminal cases, including assault, drug possession, theft and domestic violence offenses. AT the Law Office of Ann Gottesman, Ann believes that a person should not have to fall into deep debt or take out a second mortgage on one’s home in order to afford a knowledgeable criminal defense attorney who will provide personal attention. Located in Pasadena, California, Ann handles criminal cases in all the Los Angeles criminal courts. As a result of her years of practice in the Pasadena area and Los Angeles courthouses, she knows the prosecutors and Judges and works with them on a regular basis. Being familiar with the court personnel, Judges and prosecutors is vital to achieving the best possible results in a criminal case. If you are facing criminal charges, you will certainly benefit from being represented by a criminal defense lawyer who is local to the courthouse your criminal case is assigned to. Hiring a lawyer in Santa Monica or Beverly Hills to represent you in Pasadena or Alhambra Superior Court is not the best option. A local criminal law attorney will be familiar with the judges and prosecutors in the court and will have knowledge that out of town lawyers just don’t have. Experienced and Compassionate Criminal Defense in Pasadena and Los Angeles Pasadena DUI Defense and Criminal Law attorney Ann Gottesman has experience and dedication defending those accused of the following criminal charges: DUI AND DWI CHARGES THEFT CRIMES/ PETTY THEFT/ FRAUD DRUG CHARGES DOMESTIC VIOLENCE CHARGES BATTERY AND ASSAULT PROSTITUTION PROBATION VIOLATIONS DUI Defense and Criminal Law attorney Ann Gottesman handles DUI case and misdemeanor and felony criminal matters in all of the following courthouses.  She appears in these courts frequently, and therefore, is very familiar with the prosecutors and Judges: Pasadena Superior Courthouse, Alhambra Superior Court,  Glendale Superior Court, El Monte (Rio Hondo) Superior Court, West Covina Superior Court, Pomona Superior Court, East Los Angeles Courthouse, Burbank Superior Court, Van Nuys Superior Court, Downey Courthouse, Norwalk Court, Compton Court, and San Fernando Courthouse. CONTACT PASADENA CRIMINAL & DUI LAWYER ANN GOTTESMAN Ann Gottesman has dedicated herself to providing personal attention and strong legal guidance to her clients. When your freedom, job, reputation and sanity are at stake, call Ann for a free and absolutely confidential consultation regarding your case at 626-710-4021 Practice Areas DUI Defense Drug Crimes Theft Crimes Domestic Violence Fraud Crimes Assault & Battery Prostitution/ Solicitation Hit and Run Firearms Second Time DUI Experienced and Compassionate Criminal Defense in Pasadena and Los Angeles Pasadena DUI Defense and Criminal Law attorney Ann Gottesman has experience and dedication defending those accused of the following criminal charges: DUI AND DWI CHARGES THEFT CRIMES/ PETTY THEFT/ FRAUD DRUG CHARGES DOMESTIC VIOLENCE CHARGES BATTERY AND ASSAULT PROSTITUTION PROBATION VIOLATIONS DUI Defense and Criminal Law attorney Ann Gottesman handles DUI case and misdemeanor and felony criminal matters in all of the following courthouses. She appears in these courts frequently, and therefore, is very familiar with the prosecutors and Judges: Pasadena Superior Courthouse, Alhambra Superior Court, Glendale Superior Court, El Monte (Rio Hondo) Superior Court, West Covina Superior Court, Pomona Superior Court, East Los Angeles Courthouse, Burbank Superior Court, Van Nuys Superior Court, Downey Courthouse, Norwalk Court, Compton Court, and San Fernando Courthouse. Los Angeles Criminal Defense Lawyer Reviews 5.0 out of 5.0 Based on 52 reviews Los Angeles , CA Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. CALL NOW Testimonials For the past twelve years I have helped over a thousand clients get through one of the darkest times in their life. Being criminally accused affects a person’s livelihood, reputation, family, and sometimes one’s freedom. I appreciate the kind words many of my clients felt comfortable posting publicly online. Please visit my Yelp, Google and AVVO pages to see what my previous clients thought about my service. She is a sweet caring woman who worked hard to help me. I could not have asked for a better outcome on my case. Ann knows her stuff and took the time to explain things to me. I am lucky I found her and forever thankful. Elton (AVVO) ‹ › Our Practice Areas Criminal Defense Assault and Battery Offenses Assault with a Deadly Weapon Assault Battery With Serious Injury Battery Burglary Carrying A Loaded Firearm Check Fraud Corporal Injury Credit Card Fraud Criminal Threats Domestic Violence Offenses Drug Offenses Drug Possession Expungements Felony Offenses Grand Theft Hit and Run Manufacturing Marijuana Misdemeanor Offenses Petty Theft Possession For Sale Private Investigation Services Prop 36 & Diversion Prostitution Receiving Stolen Property Resisting Arrest Robbery Sales/Transportation Sex Crimes Offenses Solicitation For Prostitution Suspended License Theft Offenses Traffic Tickets and DMV DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Contact Pasadena Criminal & DUI Lawyer Ann Gottesman Ann Gottesman has dedicated herself to providing personal attention and strong legal guidance to her clients. When your freedom, job, reputation and sanity are at stake, call Ann for a free and absolutely confidential consultation regarding your case at 626-710-4021. SUBMIT The Law Office of Ann Gottesman 740 E. Colorado Blvd Suite 204 Pasadena, CA 91101 626-710-4021 Links Home About Ann Criminal Defense DUI Defense Case Results FAQ Testimonials Blog Contact Office Hours Monday - Sunday 8:00 AM - 6:00 PM Client Support 24 Hours Get Social Disclaimer - Prior results do not guarantee a similar outcome. The information on this website is for advertisement and informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. 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Law enforcement officers issue you a citation when you commit a traffic violation. A citation could result in fines, points on a driving record, or other penalties. After giving you a citation, the law enforcement officers provide your details to the local Courthouse and California Department of Motor Vehicles, abbreviated as DMV. You must book an arraignment at the court or file a Trial by Written Declaration if you receive a traffic ticket and want to contest it. If you have received a misdemeanor traffic ticket in Pasadena, CA, such as a DUI, hit and run, or driving on suspended license ticket, call Ann at The Law Office of Ann Gottesman. She is happy to provide a free consultation! How Traffic Tickets Work A law enforcement officer can issue a citation or ticket if a driver commits a traffic offense. Typical offenses include speeding, running a red light, following too closely, or illegal parking. The officer notes the violation details, including the date, time, location, and specific violation code. The citation contains essential information, including the driver's name, address, vehicle details, and the violations committed. It also includes the fine amount and the deadline to respond. When you receive a traffic ticket, you have several options for responding: Paying The Fine If the violation is an infraction and you accept guilt, you can pay the fine indicated on the ticket. You will get Payment methods include online, by mail, or in person at a courthouse or authorized payment location. Contesting The Ticket You can contest the ticket if you believe you are not guilty of the violation. This involves requesting a court trial to present your case before a judge. A court date will be assigned, and you must appear to argue your defense. If the officer fails to appear your case should be dismissed! Traffic School Option In some cases, if eligible, you can attend traffic school instead of contesting the ticket. Completing an approved traffic school course prevents you from receiving points on your driving record. This can help with your insurance premiums. If you do not respond to a traffic ticket, you can face additional penalties. These can include increased fines, a driver's license suspension, or a warrant for your arrest. Different Types of Traffic Tickets In California, several traffic tickets can be issued for various violations. Here are some common types of traffic tickets in California: Speeding Tickets VC 22350 These are issued when you exceed the posted speed limit. The fine amount typically varies depending on how much over the speed limit you were driving. The basic law states: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” VC 22350. Red Light or Stop Sign Violations: VC 21453 You can receive a ticket if you fail to stop at a red light or stop sign. This violation is often captured by red light cameras or observed by law enforcement officers. Reckless Driving You can be guilty of reckless driving if you operate a vehicle with a willful or wanton disregard for the safety of others. Reckless driving can lead to a traffic ticket, fines, and a possible license suspension. Driving Under the Influence- VC 23152(a),(b) The law forbids a person to drive with a blood alcohol concentration above the allowable limit of .08 percent if 21 years of age or older. It is a serious offense, resulting in penalties, fines, and a possible license suspension. Other penalties include mandatory DUI education programs and possible imprisonment. If you are facing DUI charges, go to the DUI Defense section of my website at https://www.anngottesmanlaw.com/dui-defense/dui-charges-penalties Call DUI Defense lawyer Ann Gottesman for a free consultation. There are only 10 calendar days from the date of arrest during which you are allowed to request a hearing with the DMV and an extended temporary license. Failure To Yield Failing to yield the right-of-way to other cars, pedestrians, or riders can lead to a traffic ticket. Improper Lane Change Changing lanes without signaling or in an unsafe manner can result in a traffic ticket. Driving Without a Valid License You can face charges if you operate a vehicle without a valid driver's license. You can also violate the law if you drive with a suspended or Pasadena Manufacturing Drugs Laws and Penalties | The Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Manufacturing Drugs: H&S Code Section 11379.6 Los Angeles Drug Crimes Attorney Ann Gottesman In Los Angeles County, the District Attorney aggressively pursues prosecution of those who sell, transport and manufacture drugs. With the increased media and stories regarding the consequences of methamphetamine labs catching fire and exploding, the prosecutors are particularly fierce in wanting to send drug manufacturers to prison for manufacturing methamphetamine in homes or structures. With serious penalties of up to 7 years in prison for one count of manufacturing a controlled substance under Health and Safety Code section 11379.6, and an additional and consecutive 2 years prison if a child under the age of 16 years was present in the structure, it is crucial that you have an experienced and aggressive drug crime defense attorney fighting for you, should you be charged with a drug offense. Under the California Health and Safety Code, section 11379.6, any person who compounds, converts, manufactures, derives, processes or prepares, either directly or indirectly, by chemical extraction or chemical synthesis, any controlled substance listed in H&S sections 11054 through 11059, is guilty of a felony and faces between three and seven years in prison and a fine up to $50,000. However, often times, the District Attorney will file additional charges such as possessing the drugs for sale and transporting the drugs for purposes of sale. Certain enhancements can increase the penalties significantly, such as if a child under the age of 16 was present, or if the accused suffers from a prior drug sales conviction or a strike. DEFENDING DRUG MANUFACTURING AND DRUG SALES CHARGES Los Angeles criminal defense attorney Ann Gottesman is intimately familiar with the drug crime laws and legal defenses that apply to manufacturing charges as well as other drug related crimes. “I am diligent and aggressive in defending my clients against felony drug charges in the Los Angeles and Pasadena courts. Often times, police trump up charges from a simple possession to a possession for sales , knowing that my client will be facing a straight felony offense and will not be eligible for alternative drug sentencing options such as Proposition 36, Proposition 47, and Drug Diversion. This is why I carefully review the evidence and investigate each case. The first issue I focus on is whether the officer had legal authority to detain my client (such as in a traffic stop or one-to-one encounter) and search my client’s person, property or residence. If a search of the home or residence is involved then I investigate whether or not a legal warrant existed or if the officers claimed an exception to the search warrant requirement. If there appears to have been a Fourth Amendment violation by the police, then my office will file a motion to suppress all the evidence that followed the illegal search or seizure.” LEGAL DEFENSES TO DRUG CHARGES Some of the most common defenses to drug manufacturing charges include: The officer did not have probable cause to search, The arrest was unlawful, If charged as an accomplice, that the accused was not aware that the co-conspirator was engaged in sales or manufacturing, The drugs were possessed for personal use (if charged with sales or transportation for sale), The informant (if there was one) was not reliable, and there was insufficient evidence to search or seize, The evidence was otherwise obtained in violation of the constitution, A confession was obtained in violation of Miranda or the accused’s Fifth or Sixth Amendment rights There is insufficient evidence to prove an element of the offense, If a Court orders the evidence to be suppressed after a motion to suppress evidence as a result of an unconstitutional search and/ or seizure is granted, then often times the entire case will be dismissed because the DA does not have any evidence left with which to prosecute (or insufficient evidence). This is why it is important to have a knowledgeable criminal defense lawyer who is experienced in handling drug cases representing you in court. EXAMPLE OF AN ILLEGAL SEARCH AND SEIZURE THAT SHOULD RESULT IN SUPPRESSION OF THE EVIDENCE AND DISMISSAL: Jim was driving his car down the 110 freeway at 2:00a.m. on Saturday morning. Officer Jones was driving behind Jim. Jim was driving legally and not committing any traffic offenses. However, since it is very late at night and Officer Jones knows many people have just left the bars and are driving under the influence, he has a hunch that Jim may be a DUI driver even though Jim’s driving appears normal. Officer Jones decides to pull Jim over to “che Criminal Defense 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Assault According to California law, PC 240 (assault) is any unlawful attempt accompanied by a present ability to inflict a violent injury on someone else. People often use the terms assault & battery, but the two terms represent two distinct crimes. A battery is the use of unlawful force against another person, while assault is the application of unlawful force against another person. The potential charges for an assault conviction include fines, probation, and jail time. If you face assault charges in Pasadena, CA, attorney Ann Gottesman can investigate whether you have a defense to the charges and whether the prosecutor has sufficient evidence to prove their case. Elements of Assault The California PC 240 sets out the different elements of assault. Elements refer to the various factors that the prosecutor needs to prove in order for you to be convicted of the offense of assault. The elements of the crime are: You engaged in an act, which by its nature would likely have led to an application of force on someone else. You engaged in that act intentionally At the time you engaged in the act, you knew that your actions could make any reasonable individual believe that the act would likely and directly result in an application of force on the person You had a present ability to apply force on the said person when you engaged in the act Below is a detailed explanation of what every element means: Application of Force Any harmful or offensive touching qualifies as an application of force. Even the slightest touch qualifies as an application of force as long as you do it in an offensive or rude manner. Even if the type of touch did not result and could not have resulted in an injury, it still qualifies as an application of force. The touch does not need to be direct to qualify as an application of force. You can face assault charges even if you use an object to touch the victim. For example, you may be engaged in an argument with a colleague, and you spit on their face in the moment of anger. There is no chance of injuring your colleague with the spit. However, this act could still count as an assault under California law because you did it offensively. The law doesn’t need you to have actually applied force on the victim for you to face the charges. You will face charges if it is evident that you engaged in an act that would likely have led to an application of force on the victim. For example, you might have thrown an object such as a plate or utensil at your spouse during a bad argument, but the object did not strike your spouse because of the distance between you. However, you might still face assault charges because it is likely that the object would have hit on the victim. Acting Intentionally or Willfully If you do something intentionally or on purpose, you are acting willfully. Acting willfully doesn’t mean you had an intent to break the law, or hurt anyone. Acting willfully means that you committed the act on purpose even if you did not intend to harm the other person. For example, two neighbors, Bob and Sam are engaged in a disagreement about property lines and Bob takes out a gun and points it at a tree that is a few feet from where Sam is standing. In an attempt to scare Sam, Bob fires the gun at the tree and a bullet hits the tree. Even though Bob had no intention of shooting his neighbor Sam and Sam was never injured, Bob acted willfully by taking out the gun and firing it. Your Action is Likely to Result in an Application of Force You don’t need to have purposely used force against the victim to face assault charges. The prosecutor only needs to prove that you knew that your acts would likely lead to a force being applied. In the example above, Bob would be charged with assault with a deadly weapon because it was likely that shooting the gun at a target that was only a few feet away from Sam was likely to result in an application of force upon him. Distinguishing Between Assault and Battery Many people find it confusing to distinguish between assault and battery because they assume that the two terms mean the same thing. California battery and California assault are two different crimes. The primary difference between the crimes is: Assault, as outlined by California PC 240, is any action that may inflict unwanted touching or physical harm on another person Battery, as outlined by the California PC 242, is the actual infliction of violence or force on another person. In simpler terms, assault does not involve physical contact between the victim and the defendant, but the battery does. A battery is basically an assault that resulted in an offensive touching. The Punishment for Violating PC 240 What penalties will you face for Los Angeles Burglary Attorney - Burglary Laws and Penalties | The Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Los Angeles Burglary Charges: Penal Code Section 459 Criminal defense attorney Ann Gottesman is experienced in defending those charged with various kinds of theft crimes, including felony and misdemeanor burglary charges. Proposition 47 and new diversion laws have changed how many theft crimes are prosecuted, and have positively impacted defendants by offering alternatives to convictions and reducing some felony theft crimes to misdemeanors. “If you are facing burglary charges in Pasadena or some other Los Angeles County Court, call me for a free consultation. There have been recent changes to the theft laws in California that may benefit you. Certain burglary crimes which were once designated as felonies are now mandatory misdemeanors. Proposition 47 and Penal Code section 1001.94 have given many defendants with previously clean records the opportunity to avoid a theft conviction altogether. Your prior criminal record, the facts of your case and how the District Attorney files your charges will determine if you are eligible for “DEJ” (court diversion) or if your burglary charge can be reduced to a misdemeanor under Proposition 47.” Ann California Penal Code Section 459 PC burglary is defined as having the following elements: The accused entered any residence, building, room, shop, structure or locked vehicle, and, When entering, the accused intended to commit a larceny (theft) or any felony therein, AND One or more is true: a) The value of the property the accused intended to take was over $950, b) The structure the accused entered was not commercial, or if it was commercial, the accused entered it outside of business hours. FIRST AND SECOND DEGREE BURGLARY In California, the crime of Burglary is divided into two categories: First degree and Second degree burglary. First degree burglaries are burglaries of a residence and they are “straight” felonies. Residential burglary constitutes a “strike” under California’s Three Strikes Law. These first degree burglary convictions can never be reduced to a misdemeanor. First Degree Residential Burglary is carries a potential prison sentence ranging from 2 to 6 years. Second degree burglaries can be filed either as a misdemeanor or felony. They apply to burglaries that occur in commercial buildings (during business hours) or some other non-residential buildings. Second Degree Burglary carries a sentence of up to 356 days in jail or 16 months, 2 years or 3 years in prison, as well as fines, restitution, probation or parole. Proposition 47 which was voter approved in 2014, created Penal Code section 459.5 which expands the definition of shoplifting and petty theft , a misdemeanor, to include theft by an accused who enters the commercial business with intent to steal property $950 or less. Prior to Proposition 47 taking effect, entering a shop with the intent to steal constituted a burglary under PC section 459, which could be filed as a felony. HIRING AN EXPERIENCED LOS ANGELES BURGLARY DEFENSE ATTORNEY Attorney Ann Gottesman is a compassionate, experienced, and well respected Los Angeles criminal defense and DUI attorney who has been passionately fighting for her clients constitutional rights for the past 10 years. Her office is located in Pasadena, California, and she handles cases in most of the local L.A. courthouses. Since Ann only handles Los Angeles and Pasadena area criminal and DUI cases, she has grown very familiar with most of the prosecutors and judges in these courts. If you or someone you care about has been arrested or charged with a theft crime or burglary offense, call Burglary Defense Attorney Ann Gottesman at 626-710-4021 for a free consultation regarding your case. She makes herself available 7 days a week. Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. Call now Ann Anat Gottesman Reviews out of 44 reviews 10.0 Ann Anat Gottesman Testimonials For the past twelve years I have helped over a thousand clients get through one of the darkest times in their life. Being criminally accused affects a person’s livelihood, reputation, family, and sometimes one’s freedom. I appreciate the kind words many of my clients felt comfortable posting publicly online. Please visit my Yelp, Google and AVVO pages to see what my previous clients thought about my service. She is a sweet caring woman who worked hard to help me. I could not have asked for a better outcome on my case. Ann knows her stuff and took the time to explain things to me. I am lucky I found her and forever thankful. Elton (AVVO) I will forever be grateful & thankful for all her hard work ,time & dedication... She Pasadena Prostitution Attorney - Prostitution Lawyer | The Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Prostitution Defense Lawyer in Pasadena Criminal Defense Attorney Ann Gottesman provides aggressive legal defense to those charged with solicitation and prostitution in Pasadena and throughout Los Angeles County Los Angeles City prosecutors are working with local police to reduce the number of prostitutes, pimps, and “Johns” in neighborhoods where the incidents are high and the complaints from local residents are numerous. While many would argue that paying money for sex is a victimless crime and that limited police resources should be used for other purposes, the District Attorneys and City Prosecutors in Los Angeles and Pasadena think otherwise. They file charges on almost every solicitation for prostitution case that they believe can be proven. Lots of our tax money is spent each year by the city of Los Angeles and Pasadena to implement “sting operations”. A sting operation is when an undercover officer plays the part of the prostitute or the customer. The officer actually helps to create the crime. ELEMENTS OF THE CRIME FOR CAL. PENAL CODE SECTION 647(B) Under Penal Code section 647, the law lists examples of disorderly conduct, including the act of prostitution and solicitation. In Los Angeles it is illegal to pay for sex or sell sex for money. If a person participates in sex with another person or persons in exchange for a monetary reward, that person can be charged with prostitution, in violation of CA Penal Code section 647(b ). By making a verbal agreement or in some other way indicating an agreement has been made to trade sex for money, a person can only be convicted of solicitation or prostitution if he or she committed some act in furtherance of the crime. In other words, a mere agreement to pay $100 for a specific sex act, is not sufficient. However, if the solicitor follows the prostitute to her hotel, or if the prostitute gets into the car of the individual who asked for sex, then the elements of the crime might be satisfied. Still, the prosecutor would be required to prove each element of the offense beyond a reasonable doubt at a court or jury trial in order for a defendant to be convicted of a violation of California Penal Code section 647(b) SENTENCING FOR PROSTITUTION/SOLICITATION CONVICTIONS A conviction for a violation for PC 647(b) is a priorable offense , meaning that if a person gets convicted of the same offense again in the future, he or she will be facing more consequences, such as mandatory minimum jail sentences that increase with every new offense. Prostitution is a misdemeanor offense that is punishable in California by: A maximum of six months in a jail, A fine of up to $1,000 Restricted Driver’s License for up to 6 months if incident occurred in a vehicle Suspended license to drive for 30 days if the incident occurred in a vehicle Under Proposition 47 , there is a chance for a first offender to be given the option of “diversion”. Diversion means the accused will plead guilty or no contest initially, but after completing court requirements (i.e., counseling or community service), the Judge will allow the defendant to withdraw his/her plea, enter a not guilty plea and then the charge is fully dismissed. This is very important because it means the defendant will not have a criminal conviction on his or her record. Experienced Criminal Defense Lawyer If you or a loved one is charged with prostitution or solicitation, it is in your interest to hire an good criminal defense attorney who has experience in handling these type of charges. Attorney Ann Gottesman has been successfully representing those accused of prostitution, solicitation, lewd conduct, public intoxication, loitering, and other misdemeanor and felony offenses for over nine years. Having a caring, diligent and experienced defense lawyer by your side can make all the difference. Call the Law Office of Ann Gottesman at 626-710-4021 for a free and confidential consultation. Ann is available to her clients seven days a week. Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. Call now Ann Anat Gottesman Reviews out of 44 reviews 10.0 Ann Anat Gottesman Testimonials For the past twelve years I have helped over a thousand clients get through one of the darkest times in their life. Being criminally accused affects a person’s livelihood, reputation, family, and sometimes one’s freedom. I appreciate the kind words many of my clients felt comfortable posting publicly online. Please visit my Yelp, Google and AVVO pages to see what my previous clients thought about my service. She is a sweet caring woman who worked hard to help me. I could not have asked for Felony DUI Attorney in Pasadena - Felony DUI Information | Law Offices of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Felony DUI In most cases, a DUI offense is a misdemeanor under California law. However, a DUI could be charged as a felony under certain instances. You will likely face felony DUI charges if you commit a fourth DUI offense within ten years, you have a prior felony DUI conviction, or if you cause an accident that leads to the death or bodily injury of another person. In all cases, you will face misdemeanor DUI charges for a first, second, or third DUI crime, provided no aggravating factors are present that would elevate the charge to a felony DUI. DUI is a serious crime under California law. A DUI conviction on your record could affect other areas of your life, including the chances of landing your dream job. If you face DUI charges in Pasadena, CA, and require reliable legal representation, contact the Law Office of Ann Gottesman. Ann will thoroughly investigate your case and pursue the best possible defense to fight or mitigate your charges. 4 th Time DUI Offense DUI is a priorable offense. This means that you will face enhanced penalties with every subsequent DUI offense you commit within ten years. When the judge is considering the penalty for a fourth DUI offense, they consider the facts of your case, including the blood alcohol content (BAC) and the presence of aggravating factors. If you face fourth DUI felony charges, you will be subject to the following penalties: Imprisonment in a California state prison for sixteen months, two years, or three years 30 months of mandatory DUI school The DMV could label you a habitual traffic offender, commonly abbreviated as HTO. A 4-year driver's license suspension – you may be eligible to obtain a restricted license to drive during this period if you agree to install an IID, attend the DUI class and purchase an SR22 policy. You could face fines that range between $390 and $1000 Upon committing a 4 th DUI offense, the only way to avoid a license suspension is by winning both the DMV hearing and the DUI criminal case. However, if you install an IID, you can continue driving freely (with some exceptions such as a refusal). If you face a fifth DUI conviction within a 10-year lookback period, you will face the same penalty as the person who commits a fourth-time DUI. However, the court could impose more extended imprisonment. There is no limit to the number of DUI convictions you can get under California law. The more DUI convictions you get, the harsher the penalties you will face. DUI Crimes That Count As Priors The following DUI offenses will count as prior offenses: Driving under the influence as outlined by VC 23152(a) DUI with injury, outlined by VC 23153 Driving with excessive BAC outlined by VC 23152(b) Wet reckless outlined by VC 23103.5 Out-of-state convictions for DUI offenses that you commit out of California will also count as priorable offenses if the state in which you were convicted has a DUI statute similar to those in California. Your previously expunged DUI convictions The prosecutor will rely on the court records and the DMV records to prove that you have previous DUI convictions. The prosecutor could also present additional evidence like records indicating that you have completed previous drug and alcohol education programs. Causing Injury Or Death Of Another Person You will face felony DUI charges if another person suffers significant injury or death because of your driving under the influence. The prosecutor must prove that in addition to driving under the influence, you also committed an additional vehicle code violation or operated your vehicle in a negligent manner. If you commit DUI and someone sustains significant bodily injuries or dies, the prosecutor could bring charges against you in the following manner: Charges Under Vehicle Code 23153 The California vehicle code 23153 explains the offense of DUI with injury. You could be liable under this law if you drive while under the influence and cause bodily harm to another person. The prosecutor will have to prove the following elements to charge you under VC 23153: You violated the California DUI laws As you violated the DUI laws, you broke an additional law or acted negligently Your negligence or an unlawful act caused another person’s injury You could violate the California DUI laws if you do any of the following: Operate a vehicle with a blood alcohol content that exceeds 0.08% You drive under the influence of alcohol. Driving under the influence means that your physical or mental capabilities are impaired/limited by alcohol. You drive under the influence of drugs or the combined influence of both drugs and alcohol. If you were operating a commercial v Second Time DUI in Los Angeles - Second DUI Information | The Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact 2nd Time DUI Cases: Law Office of Ann Gottesman A second DUI can trigger fear and uncertainties about the penalties you will face. While you may have had a favorable ruling in the first offense, you might be worried whether you can get a similar one the second time around. A second time DUI carries potentially more severe penalties than the first. While both are still misdemeanors (assuming there are no serious injuries or you have a prior felony DUI) you will have more obligations and a mandatory minimum jail term compared to the first conviction. But this is only IF you are convicted of a second offense. The DMV will also suspend your license for a longer period IF you lose the DMV hearing (the “APS” Administrative Per Se hearing). The conviction also may affect your employment opportunities. For instance, if you are convicted for a second offense as a commercial driver, you will lose your commercial driver’s license for life. You may be able to avoid or minimize these penalties by using a strategic DUI defense with the assistance of a good DUI lawyer. DUI defense attorney Ann Gottesman takes special care with her clients to provide personal, compassionate and experienced representation. A focused defense can achieve results like reduced charges, reduced punishment, alternative to jail, dismissal, and acquittal after a jury or court trial. Read on to learn more about a 2 nd time DUI, the potential penalties, and defenses that may work for you. Overview of a 2 nd Time DUI Our government officials will always remind us that drunk driving is a serious problem in California and one of the leading causes of traffic accidents. Of course, no one wants to be involved in a DUI, but as humans we make mistakes at times. Yet other times, over-zealous police officers may arrest a driver who is not even guilty of driving under the influence in violation of the law. At times, prosecutors and District Attorneys will charge people with DUI on less than sufficient evidence. Californian courts seek to reduce the drunk driving menace through the introduction of stringent laws to punish offenders. These laws categorize DUIs as priorable offenses with a lookback period of ten years from date of arrest to date of arrest. A second time DUI offense is the second DUI offense you commit within ten years of the first offense. You can be charged with a second offense if you have a prior conviction for the following offenses: VC 23152 (a) driving under the influence of alcohol VC 23152 (b) driving with a BAC of .08% or higher VC 23152 (d) driving a commercial vehicle with a BAC of .04% VC 23152 (f) driving under the influence of drugs VC 191.5 Vehicular manslaughter Out of State DUI conviction under a statute that is “substantially similar” to our state’s DUI statutes VC 23103 per 23103.5 (Wet reckless) Even if these prior convictions were “Expunged”, they will still count as a prior if committed within 10 years of the current DUI arrest. A charge of a second time DUI offense can trigger worries about the potential and lifelong consequences. Like in the first offense, you have to deal with both administrative and criminal proceedings. The DMV is responsible for maintaining your driving record. It maintains a record of traffic offenses you have committed. These offenses reflect on your driver’s license as points; a DUI offense triggers a suspension action against your license. Arresting officers are responsible for confiscating your driver's license once they arrest you for a DUI if you are arrested for a refusal or for driving while have a .08 percent blood alcohol content. The officer will issue you a temporary permit that allows you to drive for the next thirty days, after which you will lose your license….UNLESS… you request a DMV hearing within ten days of the arrest. The DMV allows you ten calendar days from the day of your arrest to challenge the pending suspension. You will challenge the action by requesting an administrative hearing. Your attorney should contact DMV to request an in-person hearing, all discovery (police report and evidence), and a “stay”. The stay on the suspension means you can keep driving pending the outcome of the hearing, as long as you had a valid license at the time you were arrested. If you were driving on a suspended license, you would need to fix that issue before getting a temporary license from DMV. DUI criminal proceedings are more formal (they are in court, not at a DMV office). Criminal proceedings can take a short or a long time from start to finish, with some cases lasting up to a year. Of course, a lot depends on the facts of your case, how long it take Recent Pasadena Criminal Case Results for Ann Gottesman | Law Offices of Ann Gottesman - Page 1 of 8 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Recent Case Results: Pasadena Criminal Defense Lawyer Ann Gottesman Please note: For confidentiality reasons specific details of the cases must be omitted to protect the identity of the Clients. While attorney Ann Gottesman is dedicated to achieving the best possible results for her clients, there is no guarantee that your case will result in a dismissal, charge reduction, DMV set-aside, acquittal, probation or no incarceration. The facts of each case are different and while Ann Gottesman has resolved many cases successfully no attorney can guarantee a result in a particular case. Call Ann for a free consultation to discuss the facts of your unique case. APR 2021 EMBEZZLEMENT/ THEFT CASE OVER $100,000 DISMISSED Client had been living for years with a black cloud over his head. He was charged with stealing or embezzling a large sum of money from a relative. Case was finally dismissed. To the DA’s credit, they realized that the allegations could not be proven beyond a reasonable doubt, and after considering the defense’s input, dismissed the felony charges. APR 2021 DUI WITH .16 BAC GRANTED DIVERSION Client was an older man who had no prior record. He was arrested for driving with twice the legal limit of alcohol in his blood. Counsel presented a compelling motion requesting a judicial grant of diversion. The District Attorney’s Office objected. The Court granted the motion. Client will now be able to have his DUI fully dismissed after a period of 2 years. He did not have to plead guilty and will be able to seal his arrest after the dismissal date. MAR 2021 Domestic Violence, ADW likely to cause GBI Misdemeanors DISMISSED Client hired previous counsel during the Covid pandemic and the case was postponed numerous times. No discovery was obtained by the previous attorney, and client was adamant she was innocent of hitting her husband. Frustrated, she hired attorney Ann Gottesman. After obtaining video and audio from the prosecutor’s office it was clear that the investigating officers were not accurate in their report and overlooked exculpatory evidence. To the credit of the prosecutor’s office, once Ann showed the discrepancies and evidence that the alleged victim lied, all charges were dismissed prior to the trial date. Client has started the process for a finding of factual innocence which will be heard by the Court in about 60 days. FEB 2021 HIT AND RUN CHARGES DISMISSED Client and hit a city vehicle with a city employee sitting in the vehicle. He claimed injuries but the 911 call showed the victim told dispatch he was not injured. Client was scared and left the scene after causing minor to moderate damage to the city vehicle. The District Attorney’s Office agreed to dismiss the charge. Client did not have to perform any community service or pay any fine. FEB 2021 SECOND TIME DUI- DIVERSION UNDER PC 1001.95 GRANTED- WILL RESULT IN DISMISSAL OF DUI CHARGES Client had a bright future but was arrested for a second time DUI with a BAC of .12. He had a previous offense seven years earlier making the current offense a second time DUI. Attorney Ann Gottesman prepared and argued a motion requesting Judicial Diversion under Penal Code section 1001.95. The Judge granted the motion and will dismiss the case after one or two years if Client stays free from further arrests, complies with the court’s requirements and completes his DUI class. JAN 2021 2X DUI RESUSAL-DMV SET ASIDE- DA DROPPED CASE Client was arrested for a DUI after a minor collision. Client refused the PAS and chemical test. After subpoenaing and obtaining dashcam and bodycamera video, Ann was able to show that the Officer did not properly admonish the Client, despite the Officer’s claim in the report. The Officer was cross examined and impeached. The Client was never given a chance to take a breath or blood test after being admonished. The DMV set aside the suspension which would have been a 2 year hard suspension. Due to insufficient evidence the District Attorney’s office rejected the case. JAN 2021 DUI .19 BAC WITH ACCIDENT- DMV SET ASIDE Client was in an accident with a parked vehicle. Client had a .19 BAC approximately 1.5 hours after the accident. Officer failed to correctly fill out the sworn report. The DMV Officer did not have the arresting officer subpoenaed to correct the error. Therefore, the suspension was set aside. In Court, Client accepted an offer that included a 6 month class, but no HAM or community service. DEC 2020 PETTY THEFT CHARGES DISMISSED Client was caught on surveillance stealing approximately $400 in clothing from a store. Ann was able to negotiate informal diversion with the How DUI Field Sobriety Test Works | The Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Field Sobriety Tests And DUI Arrests Los Angeles law enforcement officers, including DUI patrol officers, use field sobriety tests to determine if a driver is driving while intoxicated. Most people don’t realize that these tests are voluntary and if you are not aware of that fact, it is likely you will end up performing these “tests” with the belief that they are mandatory. While there are numerous field exercises officers can use, only three tests have been researched by the government and found to be effective in determining whether a person is driving under the influence. Please be aware newer research shows that despite the government’s claim, officers are actually not able to reliably predict who is above the legal limit or too impaired to drive when evaluating an individual’s performance on these tests. Nonetheless, police officers usually rely on how a driver performs on these “tests” to justify an arrest for driving under the influence. The three tests that have been deemed reliable by the federal government agency National Highway Traffic Safety Administration (“NHTSA”) include: Horizontal Gaze Nystagmus test Walk and Turn test, and One leg Stand test These three “standardized” field sobriety tests are the only ones the federal government advises police departments use when investigating a driver’s level of intoxication. Other FSTs, including the Romberg test which is a modified position of attention test where the subject is asked to estimate 30 seconds in his or her head while standing with one’s head back and eyes closed, is very commonly performed. Reciting the alphabet and the finger-to-nose tests are also common tests officer requests drivers to perform. Yet, these tests have never been shown to be reliable in predicting any specific level of intoxication. FSTS ARE NOT RELIABLE IN PREDICTING LEVEL OF INTOXICATION IN DUIS Even when considering the standardized tests, research has shown that police officers are not able to reliably determine which drivers are over the legal limit and which drivers are not legally impaired. In fact, most of the time, officers fail to instruct and fail to interpret the tests correctly. In a study conducted in 1994, 21 completely sober individuals performed the three standardized field sobriety tests and experienced officers were asked to decide which subjects were over the legal limit and too impaired to drive. These officers found about half of these subjects (all of whom where stone-cold sober) were over the legal limit and were driving under the influence! (See Cole S, Nowaczyk RH., Field sobriety tests: are they designed for failure ? Percept Mot Skills. 1994 Aug;79: p99-104. See also Burns & Moskowitz , 1977; Tharp, et al, 1981.) In a DUI trial, a DUI defense attorney can often show that the FSTs are not reliable and in many cases, the accused did very well, despite the officer’s claim in a report that numerous “clues” of intoxication where observed. The Preliminary Alcohol Screening test is another Field Sobriety test commonly used to decide if there is probable cause to arrest the driver for a DUI. It is typically a hand-held breath machine which the officer asks the driver to blow into on the side of the road just prior to the arrest. Unless you are under 21 years of age or on probation for a DUI, this preliminary breath test is also optional. Of course most officers won’t tell that to the driver, despite being legally required to. The only test that is required to be taken under California’s Implied Consent law (VC 23612) is a chemical test of breath or blood after a lawful arrest. The chemical breath test is usually performed on a more accurate machine that is at the police station or in a trailer at a DUI checkpoint. CALL DUI LAWYER ANN GOTTESMAN FOR A FREE CONSULTATION If you are facing DUI charges in Los Angeles, Pasadena, Alhambra, West Covina or other court house in the county of Los Angeles, please contact me, attorney Ann Gottesman at (626) 710-4021 for a free consultation. I will meet with you confidentially to discuss your case and will answer any questions you have. Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. Call now Ann Anat Gottesman Reviews out of 44 reviews 10.0 Ann Anat Gottesman Testimonials For the past twelve years I have helped over a thousand clients get through one of the darkest times in their life. Being criminally accused affects a person’s livelihood, reputation, family, and sometimes one’s freedom. I appreciate the kind words many of my clients felt comfortable posting publicly online. Please visit my Yelp, Google and AVVO pages to see what my previous clients tho Los Angeles Corporal Injury Laws and What You Need To Know | Law Offices of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Corporal Injury “I have represented many people accused of domestic violence and corporal injury in the Los Angeles and Pasadena area Courts. These cases tend to be specifically emotional for the accused, because many times the incident was sparked by a legitimate grievance that escalated into a physical argument. Sometimes a scorned partner falsely accuses the other of physical harm, leading to the wrong person being arrested. Officers routinely arrest people after a 911 domestic violence call even when there are no signs of physical injury and the one arrested presented a credible defense. Just because you are arrested for domestic violence does not mean you will be convicted of it. Too many times the person arrested is factually innocent or the “true” victim. Other times, people make mistakes and over-react in a heated argument. What ever the situation, I listen to my client’s story with compassion and without judgement. I do my best to help my clients get the best possible results. ” --Ann Gottesman, Attorney According to California PC 273.5, it is a crime to inflict corporal injury on your current or former spouse, co-parent, cohabitant, or dating partner. A violation of PC 273.5 is a wobbler, meaning that the prosecutor may charge it as a felony or misdemeanor. Inflicting any physical injury to your spouse or cohabitant, no matter how minor, may qualify as corporal injury. If you face corporal injury charges in Pasadena, CA, The Law Office of Ann Gottesman can help you fight the charges. The Definition Of Corporal Injury The California PC 273.5 defines the crime of corporal injury to a spouse or your intimate partner. You may violate PC 273.5 if you: Willfully or intentionally inflict a physical injury You inflict the injury on your current or former spouse/intimate partner The bodily injury causes a traumatic condition A person acts intentionally or willfully if they do something on purpose. Acting intentionally or willfully does not mean that you intended to break the law. For example, you may violate PC 273.5 if you grab your spouse's hand and twist it while arguing with your spouse about child custody. However, you may not have intended to break the law while twisting your spouse’s arm. Perhaps you only intended to intimidate them. However, because you acted intentionally, you will face corporal injury charges. Causing a Traumatic Condition For you to face corporal injury charges, the injuries you inflict on your spouse should cause a traumatic condition. A traumatic condition is any bodily injury or wound that results from a direct application of force on a person. The damage doesn't need to be serious for you to face the charges. Even a minor injury or wound will attract charges. Some examples of injuries that qualify as traumatic conditions under California law are: Concussions Broken bones Sprains Internal bleeding Injuries resulting from strangulation or suffocation Bruises For you to face corporal injury charges, the traumatic condition must have resulted from your direct application of force on the victim. A traumatic condition is considered to be a direct result of your actions in the following situations: The condition was a natural and probable consequence of the inflicted injury. The inflicted injury was a direct and significant cause of the victim's traumatic condition. The victim wouldn't have suffered the traumatic condition without the injury inflicted by the defendant. An Intimate Partner You can only face corporal injury charges if you inflict injuries on an intimate partner. The following people qualify as intimate partners: A registered domestic partner Spouse Fiancée A live-in girlfriend or boyfriend, commonly known as a cohabitant Someone with whom the defendant has a child Any person in a serious dating relationship with the defendant The court usually considers several factors to determine whether people are domestic partners or cohabitants: Whether they share income and expenses Sharing the same residence and whether the parties have sexual relations Joint property use or ownership The parties involved consider themselves to be in a dating relationship The length and the continuity of the relationship As outlined by the California domestic violence laws, a defendant can simultaneously live with or cohabit with several people. The Punishment For Violating PC 273.5 The prosecutor may charge the crime of corporal injury as a felony or misdemeanor because it is a wobbler offense. Whether the crime is a misdemeanor or felony depends on the prosecutor’s discretion. When assigning charges, the prosecutor considers the defendant's criminal hi Testimonials from Los Angeles Criminal Defense Attorney Ann Gottesman's Clients | Law Offices of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Testimonials She is a sweet caring woman who worked hard to help me. I could not have asked for a better outcome on my case. Ann knows her stuff and took the time to explain things to me. I am lucky I found her and forever thankful. ~ Elton I will forever be grateful & thankful for all her hard work ,time & dedication... She saved me!! ~ M.C. Thank you so much Ann. Words are not enough to express my gratitude and appreciation… ~ M.M I would recommend her services to anyone and she would be representing me again if I ever needed legal assistance. ~ Mike R. Amazing criminal defense attorney who fought for me and really showed caring for my case and ME as a human being! ~ Ron P. She got my sentence reduced to a wet reckless I will forever be grateful! (2nd DUI with Child Endangerment) ~ Mary C. Ann is very attentive and will go out of her way for her client. ~ Todd B. Her compassion for her clients really shines! Her knowledge of criminal law far surpasses that of most California attorneys. ~ Ryan S. She saved my license and my job. I highly recommend Ann to anyone looking for a good criminal defense lawyer! ~ Mark P. Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. Call now Ann Anat Gottesman Reviews out of 44 reviews 10.0 Ann Anat Gottesman Our Practice Areas Criminal Defense DUI Defense Contact Pasadena Criminal & DUI Lawyer Ann Gottesman Ann Gottesman has dedicated herself to providing personal attention and strong legal guidance to her clients. When your freedom, job, reputation and sanity are at stake, call Ann for a free and absolutely confidential consultation regarding your case at 626-710-4021 . SUBMIT The Law Office of Ann Gottesman 740 E. Colorado Blvd Suite 204 Pasadena, CA 91101 626-710-4021 Links Home About Ann Criminal Defense DUI Defense Case Results FAQ Testimonials Blog Contact Office Hours Monday - Sunday 8:00 AM - 6:00 PM Client Support 24 Hours Get Social Disclaimer - Prior results do not guarantee a similar outcome. 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Copyright © 2020 Ann Gottesman Law - All Rights Reserved Designed & Developed by Tesla Media Group Privacy Policy | Terms of Use Close Notifications Los Angeles Assault Laws and Penalties PC 240 | Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Assault According to California law, PC 240 (assault) is any unlawful attempt accompanied by a present ability to inflict a violent injury on someone else. People often use the terms assault & battery, but the two terms represent two distinct crimes. A battery is the use of unlawful force against another person, while assault is the application of unlawful force against another person. The potential charges for an assault conviction include fines, probation, and jail time. If you face assault charges in Pasadena, CA, attorney Ann Gottesman can investigate whether you have a defense to the charges and whether the prosecutor has sufficient evidence to prove their case. Elements of Assault The California PC 240 sets out the different elements of assault. Elements refer to the various factors that the prosecutor needs to prove in order for you to be convicted of the offense of assault. The elements of the crime are: You engaged in an act, which by its nature would likely have led to an application of force on someone else. You engaged in that act intentionally At the time you engaged in the act, you knew that your actions could make any reasonable individual believe that the act would likely and directly result in an application of force on the person You had a present ability to apply force on the said person when you engaged in the act Below is a detailed explanation of what every element means: Application of Force Any harmful or offensive touching qualifies as an application of force. Even the slightest touch qualifies as an application of force as long as you do it in an offensive or rude manner. Even if the type of touch did not result and could not have resulted in an injury, it still qualifies as an application of force. The touch does not need to be direct to qualify as an application of force. You can face assault charges even if you use an object to touch the victim. For example, you may be engaged in an argument with a colleague, and you spit on their face in the moment of anger. There is no chance of injuring your colleague with the spit. However, this act could still count as an assault under California law because you did it offensively. The law doesn’t need you to have actually applied force on the victim for you to face the charges. You will face charges if it is evident that you engaged in an act that would likely have led to an application of force on the victim. For example, you might have thrown an object such as a plate or utensil at your spouse during a bad argument, but the object did not strike your spouse because of the distance between you. However, you might still face assault charges because it is likely that the object would have hit on the victim. Acting Intentionally or Willfully If you do something intentionally or on purpose, you are acting willfully. Acting willfully doesn’t mean you had an intent to break the law, or hurt anyone. Acting willfully means that you committed the act on purpose even if you did not intend to harm the other person. For example, two neighbors, Bob and Sam are engaged in a disagreement about property lines and Bob takes out a gun and points it at a tree that is a few feet from where Sam is standing. In an attempt to scare Sam, Bob fires the gun at the tree and a bullet hits the tree. Even though Bob had no intention of shooting his neighbor Sam and Sam was never injured, Bob acted willfully by taking out the gun and firing it. Your Action is Likely to Result in an Application of Force You don’t need to have purposely used force against the victim to face assault charges. The prosecutor only needs to prove that you knew that your acts would likely lead to a force being applied. In the example above, Bob would be charged with assault with a deadly weapon because it was likely that shooting the gun at a target that was only a few feet away from Sam was likely to result in an application of force upon him. Distinguishing Between Assault and Battery Many people find it confusing to distinguish between assault and battery because they assume that the two terms mean the same thing. California battery and California assault are two different crimes. The primary difference between the crimes is: Assault, as outlined by California PC 240, is any action that may inflict unwanted touching or physical harm on another person Battery, as outlined by the California PC 242, is the actual infliction of violence or force on another person. In simpler terms, assault does not involve physical contact between the victim and the defendant, but the battery does. A battery is basically an assault that resulted in an offensive touching. The Punish Pasadena Drug Possession Laws and Penalties | The Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Drug Possession Lawyer, Fighting Drug Possession Charges in Los Angeles: In California, possessing an illegal drug is against the law. You could face severe penalties if charged with possession of a usable amount of a controlled substance, and the severity of the penalty will depend upon the facts of the case and what a prosecutor can actually prove. Since Prop 47 was passed, drug possession is now a misdemeanor offense in many cases. Even though the consequences may now seem to be lenient, they can have severe long-term repercussions. Therefore, it is vital to consult an expert lawyer who will make sure your rights are defended. Also, with a good defense strategy, your attorney may be able to get your penalties reduced or the case entirely dismissed. At the Law Office of Ann Gottesman, Ann maintains an in-depth knowledge of California drug possession laws. She keeps up to date with the changes in the law so that she can build the strongest defense possible for you if you are facing any drug possession charges in Pasadena, CA. Overview of Drug Possession Laws in California California State drug possession laws have two broad categories of drug possession offenses: possession with the intent to distribute/sell and simple possession. Also, the Health & Safety Code separates crimes related to possession of controlled substances from offenses related to marijuana possession. The laws have also established distinct offenses related to possession of methamphetamine and phencyclidine (PCP). Simple Possession (HS 11350) Health & Safety Code (HS) 11350 is the law on simple possession of drugs/controlled substances. This statute makes it an offense for any person to have in his/her possession specific drugs if he/she has no valid prescription. A controlled substance refers to a chemical or drug whose manufacture, use, and possession is controlled by the government. Various drugs covered under this law are heroin, LSD, and cocaine. Drug laws also prohibit the possession of certain prescription drugs if you do not possess a valid prescription. Prohibited drugs include oxycodone (Oxycontin), codeine, and hydrocodone (Vicodin). Note that possession of marijuana and stimulants is not covered under this statute. Marijuana possession is covered under HS 11357, while HS 11377 addresses the possession of stimulants like methamphetamine, as we shall see later. Elements of the Crime For a prosecutor to find you guilty of simple possession, he/she has to prove five points beyond a reasonable doubt. He/she must show that you: Possessed a drug/controlled substance Didn’t have a valid prescription for the drug Were aware the drug was in your possession Knew the drug was a controlled substance The drug was in a usable quantity Penalties for Simple Possession Most cases of simple drug possession are charged as misdemeanor offenses. The consequences include a maximum of a one-year county jail sentence and up to $1000 in fines. In other cases, you can face felony charges if found in illegal possession of drugs. Factors that could lead to felony charges include if you had been previously convicted of a serious felony or a sex offense. If charged with a felony, the punishment will be a maximum county jail sentence of three years. Also, keep in mind that in other cases of illegal possession, the punishment may include enrollment into a drug court or drug diversion program. These programs permit individuals that have committed nonviolent offenses of drug possession to “divert” their cases and post pone sentencing while they complete the program. If the drug program is completed successfully with no other arrests, the defendant’s case will be dismissed. This is a great outcome and a chance for a clean start. Immigration Consequences for Simple Possession Being convicted of drug possession could have negative consequences on your immigration status. Under the U.S immigration statute, certain criminal convictions can result in the deportation of a non-U.S citizen. Other convictions may also lead to an immigrant being inadmissible. Inadmissible or deportable offenses include certain drug crimes. This means that based on the facts surrounding a case, violating HS 11350 may result in damaging immigration effects. Possession with Intent to Distribute/Sell (HS 11351) California HS 11351 is among the several statutes that forbid the unlawful distribution or sale of controlled substances. Purchasing or possessing certain drugs to sell them will subject you to prosecution under this law. This statute also prohibits the illegal possession of certain prescription drugs intending to distribute or sell. They include hy Pasadena Prop 36 and Diversion Programs | Law Office of Ann Gottsman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Drug Treatment Instead of Jail for Pasadena and San Gabriel Valley Drug Possession Offenders. If you are facing charges for drug possession for personal use, or drug sales charges, call Pasadena Drug Defense attorney Ann Gottesman for a free consultation. Ann will explain some of the ways she can help negotiate a diversion plea bargain in drug cases where a conviction may at first seem unavoidable. Pasadena Drug Defense lawyer Ann Gottesman will explore the options that may be available to you through PC 1000 and Proposition 36. Proposition 36 permits a person convicted of his or her first or second nonviolent drug possession offense to undergo drug treatment instead of jail time. Sometimes, even when a person is charged with possession for sale of a drug such as methamphetamine, heroin, marijuana or cocaine, Pasadena drug crimes lawyer Ann Gottesman can urge the prosecutor to reduce the charge to a “simple” possession for personal use, thus, in many instances, making a defendant now eligible for treatment instead of jail pursuant to Proposition 36. In appropriate cases, Ms. Gottesman will be able to have you meet with a criminal defense addiction specialist who will examine your personal issues, write a report to the Court and help persuade the Judge and/or the Prosecutor that drug treatment instead of jail is what you need, and that you are not a danger to the community. Placing a nonviolent person in jail for a drug related offense is a waste of taxpayer’s money and does not address the real issue in the addict’s life. Often times, a defendant facing a nonviolent simple drug possession who has no prior drug conviction record will have the opportunity to go through the “PC 1000” Drug Diversion Program. This drug program is slightly different from Prop 36 because under PC 1000 there is never any conviction on the defendant’s record (unless he fails to complete the program’s requirements) and there is no formal probation. For some employers, if an employee is on probation or has a conviction on his or her record for a drug crime, they will be terminated immediately. In such cases, PC 1000 is a better option than Prop 36. Create the best possible chances of avoiding jail and a drug conviction on your criminal record by calling Pasadena drug defense attorney Ann Gottesman, an experienced and compassionate Pasadena drug defense attorney who knows the drug laws and the alternatives to jail offered in the Pasadena Courthouse and other San Gabriel Courts. Ann will do everything she can to protect your freedom and your job when you are facing criminal drug sales or drug possession charges. Call Ann now at: 626-710-4021 for a FREE consultation to discuss your drug offense and your drug treatment options that may be available to you. Pasadena Drug defense lawyer Ann Gottesman is here to help you 7 days a week! Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. Call now Ann Anat Gottesman Reviews out of 44 reviews 10.0 Ann Anat Gottesman Testimonials For the past twelve years I have helped over a thousand clients get through one of the darkest times in their life. Being criminally accused affects a person’s livelihood, reputation, family, and sometimes one’s freedom. I appreciate the kind words many of my clients felt comfortable posting publicly online. Please visit my Yelp, Google and AVVO pages to see what my previous clients thought about my service. She is a sweet caring woman who worked hard to help me. I could not have asked for a better outcome on my case. Ann knows her stuff and took the time to explain things to me. I am lucky I found her and forever thankful. Elton (AVVO) I will forever be grateful & thankful for all her hard work ,time & dedication... She saved me!! M.C. (Yelp) Thank you so much Ann. Words are not enough to express my gratitude and appreciation… M.M She saved my license and my job. I highly recommend Ann to anyone looking for a good criminal defense lawyer! Mark P. (Thumbtack Reviews) She got my sentence reduced to a wet reckless I will forever be grateful! (2nd DUI with Child Endangerment) Mary C. (Yelp) I would recommend her services to anyone and she would be representing me again if I ever needed legal assistance. Mike R. (Thumbtack Reviews) Amazing criminal defense attorney who fought for me and really showed caring for my case and ME as a human being! Ron P. (Thumbtack Reviews) Her compassion for her clients really shines! Her knowledge of criminal law far surpasses that of most California attorneys. Ryan S. (Yelp) Ann is very attentive and will go out of her way for her client. Todd B. (Yelp) ‹ › Our Practice Areas Crimi Pasadena Felony Laws and Penalties | The Law Office of Anngottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Pasadena Criminal Defense: Felony Charges :: Discussed by Experienced Pasadena Felony Defense Lawyer Ann Gottesman Felonies in Los Angeles County are the most serious offenses for which a person can be criminally charged. A felony conviction can result in imprisonment for over one year, fines over $2000 and long probation terms or parole. Moreover, a felony conviction is viewed very negatively by potential employers or landlords. Although felonies are harder to expunge than misdemeanors, an attorney may be able to get a prior felony conviction expunged (cleared) from your record or reduced to a misdemeanor. Ann Gottesman tirelessly defends those charged with felony DUI, grand theft, felony assaults and domestic violence charges, felony drug possession and sales charges as well as other felony offenses. Felony Sentencing: Prison or Probation For many crimes that can be filed as a misdemeanor or felony in Los Angeles and Pasadena areas, the District Attorney will consider the accused's prior criminal record, if any, the facts of the current case, and other potentially mitigating or aggravating factors. Crimes which can be filed as a misdemeanor or felony are called "wobblers". Many such crimes, if filed as a felony, have a potential prison sentence of 16 months, two years or three years. This "triage" is referred to as low term (16 months), middle term (2 years) and high term (3 years). At sentencing, if the defendant is convicted, a judge is supposed to offer a low term sentence (i.e., 16 months for many wobbler crimes), while high term would be reserved for the most aggravating cases. Mid term is what a judge would consider in cases where the mitigating and aggravating facts cancel each other out or where there are no serious mitigating or aggravating factors. However, although the legislature requires a judge to sentence a defendant to one of the prison terms in the triage if the court is sentencing the defendant to prison, the Judge also has the option in most felony cases to NOT sentence a defendant to ANY prison--probation with a jail sentence of up to one year is also a possibility when the accused can demonstrate he or she is amenable to probation, and there are mitigating factors which point to a reason for leniency in a felony sentence. An Experienced & Aggressive Felony Criminal Defense Attorney To Represent You If you have been charged with a felony crime in Pasadena, Los Angeles, Alhambra, Glendale, West Covina, Burbank or in other Los Angeles County courts, call experienced Pasadena felony lawyer Ann Gottesman at 626-710-4021 for a free consultation. Time is of the essence when you are charged with a felony, so let Los Angeles attorney Ann Gottesman help you fight your case and protect your freedom. Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. Call now Ann Anat Gottesman Reviews out of 44 reviews 10.0 Ann Anat Gottesman Testimonials For the past twelve years I have helped over a thousand clients get through one of the darkest times in their life. Being criminally accused affects a person’s livelihood, reputation, family, and sometimes one’s freedom. I appreciate the kind words many of my clients felt comfortable posting publicly online. Please visit my Yelp, Google and AVVO pages to see what my previous clients thought about my service. She is a sweet caring woman who worked hard to help me. I could not have asked for a better outcome on my case. Ann knows her stuff and took the time to explain things to me. I am lucky I found her and forever thankful. Elton (AVVO) I will forever be grateful & thankful for all her hard work ,time & dedication... She saved me!! M.C. (Yelp) Thank you so much Ann. Words are not enough to express my gratitude and appreciation… M.M She saved my license and my job. I highly recommend Ann to anyone looking for a good criminal defense lawyer! Mark P. (Thumbtack Reviews) She got my sentence reduced to a wet reckless I will forever be grateful! (2nd DUI with Child Endangerment) Mary C. (Yelp) I would recommend her services to anyone and she would be representing me again if I ever needed legal assistance. Mike R. (Thumbtack Reviews) Amazing criminal defense attorney who fought for me and really showed caring for my case and ME as a human being! Ron P. (Thumbtack Reviews) Her compassion for her clients really shines! Her knowledge of criminal law far surpasses that of most California attorneys. Ryan S. (Yelp) Ann is very attentive and will go out of her way for her client. Todd B. (Yelp) ‹ › Our Practice Areas Criminal Defense DUI Defense Contact Pasadena Criminal & DUI Lawyer Ann Gottesman Ann Gott Los Angeles Criminal Defense Attorney Resources | Law Office of Ann Gottsman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Pasadena DUI Resources and Links Pasadena Superior Court: The Court in Pasadena is located at 300 E. Walnut Street in Pasadena, California 91101. It is right across the street from the Pasadena Public Library and also near the Pasadena Police Department. Pasadena Court has courtrooms assigned to hear felony and misdemeanor cases, including DUI cases and other criminal offenses, family law and restraining order cases, and traffic infraction offenses. Pasadena Police Department: Police officers from Pasadena Police Department enforce DUI and criminal laws within the city of Pasadena. They oftentimes patrol the Old Town area on weekend evenings looking for impaired or drunk drivers. Altadena CHP Officers also conduct DUI patrol and enforce the traffic and criminal laws in Pasadena. Pasadena Public Library: The library is open to the public and a great place to do legal research or to just browse the shelves. There is a café in the courtyard as you walk in through the entrance on Walnut Avenue. Pasadena City Prosecutor: The City Prosecutor in Pasadena is responsible for filing and prosecuting DUI charges and other misdemeanor criminal offenses in the City of Pasadena. If the crime occurred within the city limits of Pasadena, then the prosecutor’s office will have the jurisdiction to file or not file criminal charges. If the crime occurred outside the city limits or if the crime occurred in Pasadena but is a felony, then the Pasadena District Attorney will have jurisdiction over the case. Pasadena Police Checkpoint and DUI Patrols: The Pasadena PD makes it known that they are out in full force looking for people who drink and drive impaired. Often times, a very minor traffic infraction such as a burnt out tail light will be the reason for the initial encounter with a Pasadena Police officer. Knowing your rights and what you must do and what you are not required to do (and should NOT due!) is very important. For example, performing field sobriety tests and providing a PAS (Preliminary Alcohol Screening Test) is optional and typically results in self incrimination. Even answering an officer’s questions about what you drank, where you consumed alcohol, etc… is not mandatory. The only mandatory test you must take is a chemical test such as a breath test, blood test or urine test AFTER you are arrested. If you are on probation for a DUI or under 21 years of age, then you would be required to take a PAS test. For more detailed information, see the DUI related pages on this site and call Ann Gottesman for a free consultation. Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. Call now Ann Anat Gottesman Reviews out of 44 reviews 10.0 Ann Anat Gottesman Testimonials For the past twelve years I have helped over a thousand clients get through one of the darkest times in their life. Being criminally accused affects a person’s livelihood, reputation, family, and sometimes one’s freedom. I appreciate the kind words many of my clients felt comfortable posting publicly online. Please visit my Yelp, Google and AVVO pages to see what my previous clients thought about my service. She is a sweet caring woman who worked hard to help me. I could not have asked for a better outcome on my case. Ann knows her stuff and took the time to explain things to me. I am lucky I found her and forever thankful. Elton (AVVO) I will forever be grateful & thankful for all her hard work ,time & dedication... She saved me!! M.C. (Yelp) Thank you so much Ann. Words are not enough to express my gratitude and appreciation… M.M She saved my license and my job. I highly recommend Ann to anyone looking for a good criminal defense lawyer! Mark P. (Thumbtack Reviews) She got my sentence reduced to a wet reckless I will forever be grateful! (2nd DUI with Child Endangerment) Mary C. (Yelp) I would recommend her services to anyone and she would be representing me again if I ever needed legal assistance. Mike R. (Thumbtack Reviews) Amazing criminal defense attorney who fought for me and really showed caring for my case and ME as a human being! Ron P. (Thumbtack Reviews) Her compassion for her clients really shines! Her knowledge of criminal law far surpasses that of most California attorneys. Ryan S. (Yelp) Ann is very attentive and will go out of her way for her client. Todd B. (Yelp) ‹ › Our Practice Areas Criminal Defense DUI Defense Contact Pasadena Criminal & DUI Lawyer Ann Gottesman Ann Gottesman has dedicated herself to providing personal attention and strong legal guidance to her clients. When your freedom, job, reputation and sanity are at stake, call Ann for a free and absolutely Glendale Criminal Defense Attorney - Glendale DUI Attorney | The Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Glendale Criminal Defense Lawyer and DUI Defense When a person is arrested in the city of Glendale for a DUI/ DWI or other criminal offense, the case will be filed by the Glendale District Attorney. If it is a misdemeanor offense, such as a first offense DUI with no injuries, or a petty theft, the case will be heard at the Glendale Superior Court located at 600 E. Broadway in Glendale, California. Felony offenses are heard in the Burbank Superior Court on Olive Street. The Law Office of Ann Gottesman is located in Pasadena, close to the Glendale and Burbank Courthouses. Ann is dedicated to her clients and thoroughly investigates each case prior to determining the best course of action. In DUI cases, it is crucial to subpoena the calibration logs and accuracy logs of any breath testing machine used obtain any audio or video of the arrest and Field Sobriety Tests that may exist. HIRING GLENDALE CRIMINAL DEFENSE ATTORNEY ANN GOTTESMAN TO REPRESENT YOU If you’ve been arrested or charged with a DUI or some other criminal offense in Glendale, California, you need an experienced, understanding and aggressive criminal defense lawyer on your side. Criminal defense attorney Ann Gottesman has been successfully representing those charged and arrested for DUIs and other crimes in the Glendale Superior Court for over approximately 20 years. During this time she has developed a strong rapport with the Glendale DA and judges. Since each District Attorney’s office and each courthouse has its own quirks and customs, it is important to hire a criminal lawyer that is local to the court in which your case is in. When your lawyer knows the prosecutors and Judges for years, it can have a big impact on the case. If you or someone you care about has been arrested for Driving Under the Influence (DUI), Drugs,Petty Theft, Fraud, Weapons, Domestic Violence, or some other Misdemeanor or Felony, call the Law Office of Ann Gottesman to speak with her directly about your case. In most misdemeanor cases at Glendale Court, Ann can appear on your behalf for most of the court dates. “Unlike in large criminal defense firms, where the senior lawyer commonly hands off a new file to an inexperienced associate, I only accept a client’s case when I have the time and resources to invest 100 percent of my efforts. If I can’t personally handle your case, then I won’t take your case. I make it my personal mission to achieve the best possible result for each client. Providing my clients with compassionate and aggressive representation is important to me, since I understand the psychological toll that a criminal charge can have on a person.” Ann Glendale Criminal and DUI Defense Attorney Ann Gottesman is located in Pasadena California, close to the Glendale Superior Court, Pasadena Superior Court, Burbank Court, West Covina Court, El Monte Court and Los Angeles Superior Courthouses. Glendale Criminal Defense & DUI Resources: Glendale Superior Court Glendale Police Department Glendale City Attorney Criminal Case Calendar Search Los Angeles Los Angeles DUI Checkpoint Notices Glendale Chamber of Commerce If you are facing criminal charges or where ticketed for a DUI in Glendale, California or the surrounding Los Angeles area, call Ann for a free personal consultation at 626-710-4021 . Ann Gottesman makes it a point to be available for her clients seven days a week and on most evenings. Having a caring and knowledgeable criminal defense lawyer fighting on your side can make all the difference in your case. Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. Call now Ann Anat Gottesman Reviews out of 44 reviews 10.0 Ann Anat Gottesman Testimonials For the past twelve years I have helped over a thousand clients get through one of the darkest times in their life. Being criminally accused affects a person’s livelihood, reputation, family, and sometimes one’s freedom. I appreciate the kind words many of my clients felt comfortable posting publicly online. Please visit my Yelp, Google and AVVO pages to see what my previous clients thought about my service. She is a sweet caring woman who worked hard to help me. I could not have asked for a better outcome on my case. Ann knows her stuff and took the time to explain things to me. I am lucky I found her and forever thankful. Elton (AVVO) I will forever be grateful & thankful for all her hard work ,time & dedication... She saved me!! M.C. (Yelp) Thank you so much Ann. Words are not enough to express my gratitude and appreciation… M.M She saved my license and my job. I highly recommend Ann to anyone looking for a good criminal defe Pasadena Criminal Threats Laws and Penalties | The Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Pasadena Criminal Threats Defense Lawyer In the state of California, the making of criminal threats is treated as a very serious crime. Not long ago, this crime was labeled “terrorist threats,” and though the name of the offense has been changed, the magnitude of the crime in the eyes of the law has not been at all diminished. Considering the grave consequences of a conviction on allegations of criminal threatening in California, it is imperative that those defending against these charges obtain the assistance of an experience lawyer. Ann Gottesman has been successfully handling criminal threats cases in Pasadena, L.A., and Southern California for many years, and her law firm stands ready to come to your aid if you are facing these charges. Definition of Criminal Threats California Penal Code Section 422 defines criminal threats as any and all threats made for the purpose of causing another person to fear either death or serious bodily injury. In accordance with the law’s definition, a prosecutor would have to show the following elements to prove a criminal threat occurred: The defendant did, in fact, willfully threaten to illegally kill or inflict great bodily injury upon another person. The defendant made a threatening oral statement or communicated a threat by some other means. The defendant intended the receiver of the communication to take it as a threat. This can be done in person or via a messenger. The threat was sufficiently clear, specific, and immediate that the person at whom it was directed understood its nature and believed it would actually be carried out. The threat caused the person to fear for himself, his family member, friend, or other loved one. The words or gestures of the communication, within their specific circumstances, would reasonably be interpreted as a threat. Who Can Be Convicted on Charges of Criminal Threats? In general, proving all elements of the legal definition of a criminal threat will lead to conviction. However, there are also various “legal theories” under which prosecutors pursue a conviction, including the following: The defendant terrorized another person. The defendant’s actions caused a building, public assembly, or public transportation facility to be evacuated. The defendant caused major inconvenience to those affected by his communication. The defendant showed reckless disregard for the panic or intimidation that his actions would likely result in. It is important to remember that a vague, conditional, or non-immediate threat that could not reasonably cause one to fear for his safety does not count as a criminal threat in California. Criminal threats can be made verbally, in writing, or electronically. You can be convicted of a felony criminal threats charge even if you were not the one to communicate the threat to the victim! For example, if you ask your friend Tom to call your ex-girlfriend Sara and tell her that you are on your way to her home and you have a gun and are planning to shoot her and her new boyfriend, you can still be charged with violating Penal Code section 422 because you communicated your threat to the victim through a third person. Defenses to the Charge of Criminal Threats If for example, the threat that was made was vague and not specific enough, or if the alleged victim could not reasonably have been in fear for his or her safety, then you have not committed the crime of a criminal threat as defined by Penal Code section 422. Also, if the alleged victim was not in sustained fear, but rather, was scared for only a very brief moment, (or not at all!) this would also be a viable defense to the charge of criminal or terrorist threats. Interestingly, the statute requires the threat be conveyed verbally, in writing or electronically, so if you did not convey a threat in that manner (i.e., you made a hand gesture), this too would be a defense. Of course, sometimes the alleged victim is making up a story and not telling the truth. When false allegations are made, it will often times come down to the accuser’s credibility in from of a jury. In 2015, in the case of ELONIS v. UNITED STATES, the US Supreme Court ruled on the issue of specific intent with respect to a federal criminal threats statute. The Court ruled that the government has to show more than a defendant was negligent in making a statement or writing that was perceived by the victim as a threat…the defendant must have had specific intent to cause the victim fear. The Court finds that “Section 875(c)’s mental state require­ment is satisfied if the defendant transmits a communication for the purpose of issuing a threat or with knowledge that the communica­ Pasadena Carrying Loaded Firearm Laws and Penalties | The Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Carrying A Loaded Firearm Specific laws provide guidelines for handling guns in the interest of public safety. You must adhere to these laws, even though the Second Amendment otherwise protects your right to possess firearms in your home for self-defense and in some circumstances outside the home. Under California Penal Code 25850 , carrying a loaded gun on a public street, in a public place, or in a car if you do not have a valid concealed weapons license is unlawful. This offense can result in a misdemeanor conviction with a maximum sentence of one year in county jail, and a fine. If you face carrying a loaded firearm charge in Pasadena, CA, or the surrounding Los Angeles area, you should seek the services of a skilled and competent criminal defense attorney. At The Law Office of Ann Gottesman, Ann can help you fight these gun charges. Carrying A Loaded Firearm Under California Law California PC 25850 outlines several violations that could lead to criminal charges. Primarily, you could be convicted under PC 25850 if you carry a loaded firearm in your car or on your person in a public location or on a public street. This law also makes the following a crime: Carrying a firearm in violation of the Gun-Free School Zone Act. Carrying a gun while you are an active member of a gang. Carrying a loaded concealed firearm when you are an unregistered owner. Carrying a loaded firearm when you are not the registered owner. Carrying a stolen firearm without possessing the proper permit. The Elements of The Crime If the prosecutor accuses you of carrying a loaded firearm, PC 25850 requires that he/she prove the following elements beyond a reasonable doubt: You had a loaded gun on your person or in your car. You were aware that you possessed the firearm. While carrying the loaded firearm, you were in a public location, on a public street, or in a place deemed unlawful to possess a gun. The Definition of Firearm Under California Law According to Penal Code 25850, a firearm is a device meant to be operated as a weapon and from which projectiles are discharged from the barrel of the device by an explosion. Firearms typically include revolvers, shotguns, tasers, pistols, and rifles. Pellet guns and B.B. guns are not firearms because they do not meet this definition and are not fired by combustion. A loaded Firearm According to the law, a firearm is loaded if: An unexpelled cartridge or shell is in the firing chamber or The cartridge or shell is in a magazine or clip attached to the firearm. The law also requires that you be aware of the firearm's presence to be guilty of the crime of carrying a loaded firearm. You do not need to be aware that the gun was loaded for you to be guilty under PC 25850. You could face charges under this statute regardless of whether or not the firearm was in working condition. The court considers whether the gun was loaded and capable of firing. Public Location Public places are open to anyone wishing to tour them for common or general use. Public areas include but are not limited to parks, streets, or highways. Common places, on the other hand, include but are not limited to: Shops. Transport facilities. Malls. Hospitals. Schools. Apartment buildings, and Office buildings. Possessing a Gun or Discharging a Gun In a School Zone According to Penal Code 626.9, the Gun-Free School Zone Act, it is an offense for any person to possess or discharge a firearm in a school zone. Under PC 626.9, a school zone is any area within 1,000 feet of a public or private school. Penalties For Violating Penal Code 25850 The facts of your charges will determine the type of punishment you will face upon conviction. You could face misdemeanor charges if you violate Penal Code 25850. Misdemeanor charges attract the following penalties: A fine that does not exceed $1000. A jail term that does not exceed one year. The violation of PC 25850 could also be a wobbler. You will likely face misdemeanor charges but could face felony charges if there are aggravating factors. The prosecutor or district attorney will decide which charges to file after reviewing your case. The filing deputy will consider the following factors: If you have a previous criminal record for a misdemeanor or felony offense, If you are a registered firearm owner, Any other aggravating or mitigating factors. You will face the above penalties if you are convicted of a misdemeanor. However, if the judge sentences you to a felony, you will face the following penalties: A fine that does not exceed $1,000. A jail term that does not exceed three years. Automatic Felonies You could face automatic felony charges if you violate PC Pasadena Hit and Run Laws and Penalties | Law Offices of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Criminal Defense of Hit and Run Charges: VC § 20001 & 20002 Pasadena police officers and CHP officers routinely arrest drivers for hit and run. Many times, officers and prosecutors alike are suspicious of drivers who fail to stop and exchange information after a minor fender-bender because they believe such drivers were likely intoxicated and wanted to avoid a DUI arrest. Hit and Run Charges Filed as a Misdemeanor Under California Vehicle Code section 20002 , a driver is guilty of committing the misdemeanor crime of a hit and run if he or she is involved in an accident that causes property damage and fleas the scene without attempting to exchange insurance information with the other driver or property owner. As a misdemeanor offense occurring within the City of Pasadena, the Pasadena City Prosecutor would have the jurisdiction to file misdemeanor charges against the driver. If another person is injured, then the Pasadena District Attorney can file a felony charge of hit and run under Vehicle Code section 20001. The Pasadena District Attorney also has jurisdiction over misdemeanor driving crimes that occur in any of the neighboring areas of Pasadena. If an accused is convicted of a misdemeanor hit and run in Pasadena or Los Angeles county, he or she will be facing a maximum sentence of up to six months in jail, up to $1000 in court fines and court ordered restitution to the victim(s). What many people are now aware of is that you can be charged with a hit and run even if you were the victim! For example, assume you are driving carefully down the road, and another driver hits your vehicle from behind causing minor property damage. You are in a rush and you know there is no significant damage and you don’t care about a few scratches. So, you yell out to the other driver not to worry about it and you have to go because you are late to an important meeting at work. You do not leave any of your insurance or contact information with the other driver, and you figure it is the other driver’s lucky day because you are willing not to report the accident. Unfortunately, the other driver, who was the one at fault for the accident, decides to call the police to report the incident. Even if the other driver is honest and admits he hit you from behind, the officer will likely issue you a misdemeanor ticket for a hit and run. Even though YOU were the victim, you still had a legal obligation to stop and exchange information. The law does not distinguish between who was the driver at fault. Of course, in court, a good criminal defense attorney may be able to negotiate a dismissal through diversion or a civil compromise. The outcome of each case will depend upon the facts of the case and who the judge and prosecuting agency is. FELONY HIT AND RUN CHARGES If the Pasadena District Attorney or Los Angeles District Attorney decide to file the hit and run as a felony offense under California Vehicle Code section 20001, the accused will be facing a maximum sentence of up to three (3) years in prison, restitution to the victim and a court fine of up to $10,000. However, if someone besides the accused was killed or suffered a permanent or serious injury in the collision, then the accused faces up to four (4) years in prison. A hit and run conviction also imposes two (2) points on the accused person’s driving record. What factors does the District Attorney consider when deciding whether or not to file a hit and run as a felony? The Pasadena and Los Angeles District Attorney have a choice between filing a hit and run as a misdemeanor or felony. Criminal charges that can be filed as either a misdemeanor or felony are called “wobblers”. It is the District Attorney’s discretion as to which charges to file. The following factors are typically considered by the Pasadena DA when deciding whether to file a hit and run as a misdemeanor or felony offense: Were there any injuries involved? (Did the accused leave the scene of an accident where it was obvious someone was likely to be injured?) How serious or minor were the injuries? The accused person’s criminal background (i.e, Does the accused have other past convictions on his or her record? Is the accused currently on probation for another criminal charge?) The level or seriousness of the property damage (i.e., was the other driver’s vehicle seriously damaged or was the damage minor? Was other property damaged in the collision such as a street sign post, mailbox, fence, etc…?) Who was at fault for the accident? Did the accused have insurance? LEGAL DEFENSES TO HIT AND RUN CHARGES FILED IN PASADENA OR LOS ANGELES Not Driving Defense: There are several defenses that may apply Los Angeles Sex Criminal Attorney - Sex Crime Lawyer | Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Sex Crimes and Registerable Offenses - Pasadena Sex Crimes Lawyer at Your Defense: Los Angeles criminal defense attorney Ann Gottesman successfully defends many clients against sex crime charges. She understands the sensitivity of the situation when her client is being accused of a crime that comes with a terrible stigma. The Stigma of Being Charged With a Sexual Offense: Being convicted or even accused of committing a sexual offense such as rape, molestation, sexual assault on a child, statutory rape, oral copulation with a child under the age of 14, and other such offenses, is a terrible ordeal for an accused and his or her family. The accused often faces the possibility of a very long prison sentence, as well as job loss, inability to find housing, loss of friends and a shattered reputation. Many people have been wrongfully convicted of a sex crime. This occurs because often the evidence to convict a person of a sex crime is the testimony from a biased victim or a child who has been influenced by other adults. If you have been accused or charged with a sex crime charge, you need an experienced, compassionate and aggressive attorney who will be dedicated to your defense. Our legislatures have passed severe draconian laws that often catch the innocent and non deserving in their wide nets. Prosecutors pursue sex crimes with a vengeance and fight for convictions using the fullest extent of the law! Usually no plea bargain is acceptable because it will entail you to register as a sex offender for your entire life. This is why it is crucial for anyone charged with a sex crime to have an experienced and aggressive attorney fighting back on your behalf. No matter how eager the District Attorney is to obtain a criminal conviction, it is important to remember that neither the District Attorney nor a Judge can convict you of a crime. No person can be convicted of any crime unless the prosecution can convince 12 jurors that each element of the offense has been proven beyond a reasonable doubt. All 12 jurors must agree that this high burden has been met. With a thorough investigation, and extensive trial preparation, an experienced criminal defense attorney can mean the difference between winning a case and losing one. The scary thing about sex crimes is that anyone can accuse you of committing such a crime. The evidence is often based on hearsay statements and physical evidence can be weak or absent. An angry spouse or significant other with ulterior motives can make an accusation against you that will result in charges being filed. Or an off-the-cuff comment by a child to his or her teacher can result in you being investigated and charged with a sex crime against the child. Los Angeles Criminal Defense Attorney Ann Gottesman successfully fights against all Sex Offense Charges, including: Child Molestation Child Pornography Failure to Register Indecent Exposure Internet Pornography Lewd/Lascivious Conduct Marital Rape Megan's Law Changes Obscenity Pandering/Pimping Pornography Prostitution Rape , Date Rape and Statutory Rape Sexual Abuse and Assault Early Investigation is Crucial to a Successful Defense and Can Result in Dismissal of Charges Without a Trial When you hire the Law Office of Ann Gottesman, Ann will immediately begin a thorough investigation in an attempt to collect exculpatory evidence to poke holes in the prosecution’s case. If enough holes can be made, a trial can be avoided by convincing the prosecution or the Court to dismiss the charges or for the prosecutor to reduce the charges. Sometimes specific legal motions can be made that can result in the dismissal of charges. For example, if police officers violated a person’s constitutional rights to obtain incriminating statements or evidence, a motion to suppress can be filed and argued in Court. The granting of such a motion will usually result in the criminal charges being dismissed. Ann is meticulous and will leave no stone unturned when it comes to preparing her defense. If you have or someone you know is being investigated or charged with a sex crime, call Los Angeles Criminal Defense Lawyer Ann Gottesman at (626) 710-4021 for a FREE consultation. Ann will take your call 7 days a week. Los Angeles Criminal defense lawyer Ann Gottesman is experienced, compassionate, aggressive and tirelessly fights to protect her clients’ freedom and reputation. Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. Call now Ann Anat Gottesman Reviews out of 44 reviews 10.0 Ann Anat Gottesman Testimonials For the past twelve years I have helped over a thousand clients get through one of the darkest ti Pasadena Misdemeanor Laws and Penalties | Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Misdemeanor Defense :: Criminal Defense and Misdemeanor Charges Explained by Pasadena Misdemeanor Lawyer Ann Gottesman Misdemeanor offenses are those offenses for which a conviction may result in one year or less of jail time and $1000 or less in fines. Misdemeanors are considered less serious offenses than felonies. The penalty for a Los Angeles misdemeanor conviction can range from very minor (i.e., no jail time, no fine) to more severe (one year in jail, large fines and community service). Examples of misdemeanor offenses include, but are not limited to, non-injury DUI’s, first time theft offenses like shoplifting, some domestic violence charges, driving on a suspended license and much more. Sometimes, based upon a person’s criminal record or the severity of the offense, the District Attorney can amend (i.e., change) a Los Angeles misdemeanor charge to a felony, making the potential consequences of a conviction much more serious. On the other hand, sometimes a misdemeanor charge can be dismissed altogether or reduced to an infraction, which avoids a criminal conviction. That is why it is important to hire an experienced and knowledgeable Pasadena criminal defense attorney like Ann Gottesman to assist you with fighting the charges. Experienced Pasadena misdemeanor lawyer Ann Gottesman will personally work on your case to ensure that you get the best results possible on your misdemeanor charge! Contact an Experienced and Aggressive Misdemeanor Criminal Defense Lawyer If you have been charged with a misdemeanor, it is imperative that you contact an experienced defense attorney immediately. Ann Gottesman is a well respected and successful misdemeanor attorney who will ensure you receive the best possible result in your case. Call Misdemeanor defense attorney Ann Gottesman at 626-710-4021 so she can begin helping you win your case as soon as possible. Have You or a Loved One Been Charged of a Crime? Contact Ann For a Free Consultation. Call now Ann Anat Gottesman Reviews out of 44 reviews 10.0 Ann Anat Gottesman Testimonials For the past twelve years I have helped over a thousand clients get through one of the darkest times in their life. Being criminally accused affects a person’s livelihood, reputation, family, and sometimes one’s freedom. I appreciate the kind words many of my clients felt comfortable posting publicly online. Please visit my Yelp, Google and AVVO pages to see what my previous clients thought about my service. She is a sweet caring woman who worked hard to help me. I could not have asked for a better outcome on my case. Ann knows her stuff and took the time to explain things to me. I am lucky I found her and forever thankful. Elton (AVVO) I will forever be grateful & thankful for all her hard work ,time & dedication... She saved me!! M.C. (Yelp) Thank you so much Ann. Words are not enough to express my gratitude and appreciation… M.M She saved my license and my job. I highly recommend Ann to anyone looking for a good criminal defense lawyer! Mark P. (Thumbtack Reviews) She got my sentence reduced to a wet reckless I will forever be grateful! (2nd DUI with Child Endangerment) Mary C. (Yelp) I would recommend her services to anyone and she would be representing me again if I ever needed legal assistance. Mike R. (Thumbtack Reviews) Amazing criminal defense attorney who fought for me and really showed caring for my case and ME as a human being! Ron P. (Thumbtack Reviews) Her compassion for her clients really shines! Her knowledge of criminal law far surpasses that of most California attorneys. Ryan S. (Yelp) Ann is very attentive and will go out of her way for her client. Todd B. (Yelp) ‹ › Our Practice Areas Criminal Defense DUI Defense Contact Pasadena Criminal & DUI Lawyer Ann Gottesman Ann Gottesman has dedicated herself to providing personal attention and strong legal guidance to her clients. When your freedom, job, reputation and sanity are at stake, call Ann for a free and absolutely confidential consultation regarding your case at 626-710-4021 . SUBMIT The Law Office of Ann Gottesman 740 E. Colorado Blvd Suite 204 Pasadena, CA 91101 626-710-4021 Links Home About Ann Criminal Defense DUI Defense Case Results FAQ Testimonials Blog Contact Office Hours Monday - Sunday 8:00 AM - 6:00 PM Client Support 24 Hours Get Social Disclaimer - Prior results do not guarantee a similar outcome. The information on this website is for advertisement and informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intend Taking The PAS Test During a DUI Detention in Pasadena | The Law Office of Ann Gottesman 740 E.Colorado Blvd Suite 204 Pasadena CA 91101 | 626-710-4021 Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Menu Home About Ann Locations Alhambra Criminal Defense Los Angeles Criminal Defense Glendale Criminal Defense DUI Reducing DUI Charges Criminal Defense Assault & Battery Assault Assault with a Deadly Weapon Battery Assault and Battery Offenses Battery With Serious Injury Domestic Violence Corporal Injury Criminal Threats Child Abuse Child Endangerment Domestic Violence Offenses Violation of Restraining Order Driving Offenses Evading an Officer Hit and Run Suspended License Traffic Tickets and DMV Drug Crimes Drug Offenses Drug Possession Manufacturing Marijuana Possession For Sale Prop 36 & Diversion Sales/Transportation Expungements Expungements Firearms Carrying A Loaded Firearm Fraud Crimes Check Fraud Credit Card Fraud Identity Theft Welfare Fraud Sex Crimes Sex Crimes Offenses Solicitation For Prostitution Prostitution Theft Crimes Petty Theft Theft Offenses Robbery Auto Burglary (GTA) Burglary Embezzlement Grand Theft Receiving Stolen Property Other Crimes Felony Offenses Misdemeanor Offenses Resisting Arrest Private Investigation Services DUI Defense Recent DUI Law Changes DMV Hearings in DUI Cases DUI Accident With Injury DUI Charges & Penalties DUI Checkpoints DUI Drugs DUI Field Sobriety Tests DUI & Miranda Rights DUI Refusal DUI Restricted License Factors That Can Affect Breath Test Accuracy Felony DUI Los Angeles Metropolitan Court for DUI cases Recent DMV Wins - Set Asides Granted Second Time DUI Taking the PAS Test Third Time DUI What You Should Do When Stopped for A DUI Winning at the DMV Case Results FAQ Resources Testimonials Blog Contact Taking The PAS Test During A DUI Detention In Pasadena When most people are detained during their first offense DUI experience in Pasadena or anywhere else in Los Angeles, California, they don’t know what their rights are and what field sobriety tests they are allowed to refuse to do. Of course, the police will often times not tell you what you can refuse to do, and since most people want to cooperate and think it will help their situation to be very agreeable with the police, they end up providing more information, and thus, more incriminating evidence, then the government would be otherwise able to obtain. For example, the PAS test (Preliminary Alcohol Screening Test), is a hand held breath test that officers often request drivers to blow into prior to arrest. This machine will give the officer a breath alcohol reading which will then be used in determining whether the officer has probable cause to arrest you for a DUI. DUI DETENTIONS: WHEN YOU CAN REFUSE A PRELIMINARY ALCOHOL SCREEN TEST Most DUI patrol Officers in Pasadena and other Los Angeles cities say to the driver something li